Challenges to the Death Penalty Leading to it Being Declared Unconstitutional (s2a)

The Supreme Court Declares the Death Penalty Unconstitutional
(Then Upholds it 4 Years Later)

After rejecting a challenge to the death penalty based on a denial of due process in 1971, the Supreme Court declared capital punishment unconstitutional in 1972 in the case of Furman v. Georgia. Five members of the Court found that the penalty was “cruel and unusual” in violation of the Eighth Amendment to the Constitution, although each of the five justices had different reasons for reaching that conclusion. The other four members of the Court dissented, finding the death penalty constitutional. Many states responded by passing new death penalty laws. They took different approaches in trying to eliminate the constitutional defects identified in Furman. In 1976, the Court ruled on the statutes adopted by five states, holding some of them constitutional and others unconstitutional. The decisions of the Court in the five cases continue to shape the way death is applied by states and federal government.

Challenges to the Death Penalty Leading to it Being Declared Unconstitutional (s2a)
This segment analyzes the Supreme Court’s rejection of a challenge to the death penalty based upon a denial of due process in 1971, and it decision in Furman v. Georgia the following year declaring capital punishment violates the Constitution’s prohibition of “cruel and unusual” punishment.

Class readings:
https://www.dropbox.com/sh/s7r....cjz1xfv027oa/AAD4FWE

https://www.dropbox.com/sh/s7r....cjz1xfv027oa/AADr6Tq